TERMS & CONDITIONS
TERMS & CONDITIONS
Welcome to Mystical Asia Tours
As your Premier Choice in Asia Holiday, we are committed to providing you confidence in booking and confidence in travelling with us on your next small group tour holiday through our carefully curated plans and itinerary. From vibrant cities to serene landscapes, we help you unlock the magic of Asia, guiding you through the wonders of each destination.
Mystical Asia Tours - Australia's trusted Asia holiday tours.
PVH Travel Pty Ltd - Trading as Mystical Asia Tours.
ACN 667695310 - ABN 78667695310
Email: hello@mysticalasia.com.au
Phone: 02 8104 1490
These Booking Conditions set out the terms on which you contract with us for the arrangement and delivery of travel arrangements for your trip. By making a booking with us, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a booking request.
“You” and “Your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Mystical Asia Tours” means PVH Travel Pty Ltd.
Last updated: 8th August 2024
Bookings
A booking request is accepted when we issue a written booking confirmation and you have paid your deposit of 30%. It is at this point that a contract between us and you come into existence subject to these Booking Conditions. If you book 70 days or less prior to the tour's starting date, then a full payment is required to secure your spot. We reserve the right to decline any booking at our discretion. No employee of ours other than a director has the authority to vary or omit any of these Booking Conditions or to promise any discount or refund.
Services
We commence providing services to you as soon as we accept your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your travel arrangements. You also receive the benefit of work we undertake in anticipation of bookings. The services we provide to you are limited to (a) the arrangement and coordination of your travel arrangements; and (b) the delivery of travel arrangements which we directly control.
Prices & Exclusions
Prices stated are in Australian Dollars ($AUD) and are current at the time of publication. The most up to date pricing is available on our website. The price includes accommodation, transportation and other inclusions as per the published itinerary.
International and domestic airfares and airport/hotel transfers are not included unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included.
International Flights
If return international flights to and from Australia are included in the tour, unless stated otherwise, Mystical Asia Tours reserves the right to automatically book the international return flight from the following airports located in the state where the person who booked the tour resides:
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For residents of New South Wales (NSW): Kingsford Smith International Airport (SYD).
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For residents of Victoria (VIC): Melbourne Airport (Tullamarine) (MEL).
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For residents of Queensland (QLD): Brisbane Airport (BNE)
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For residents of South Australia (SA): Adelaide Airport (ADL)
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For residents of Western Australia (WA): Perth Airport (PER)
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For residents in other states: Please contact us to discuss flight options.
Unless stated otherwise, each international flight ticket will include at least 20kg of baggage and 7kg of carry-on allowance. All flights will be economy class. While we endeavor to book direct flights where possible, Mystical Asia Tours reserves the right to select alternative flight routes or carriers based on availability, operational constraints, and other factors beyond our control. Any changes may result in extra fees. Please note everything is subject to availability.
Mystical Asia Tours shall not be liable for any inconvenience, costs, or losses arising from changes to flight itineraries or carriers, including but not limited to delays, cancellations, or missed connections. By booking a tour with Mystical Asia Tours, you acknowledge and accept these terms and conditions regarding international flights.
Price Surchages
We reserve the right to vary the cost of your travel arrangements prior to commencement for circumstances beyond our control such as the imposition of fuel surcharges or new or amended Government charges.
We also reserve the right to vary the cost of your travel arrangements due to currency fluctuations. However, we will not vary the cost for currency fluctuations once full payment has been received by us and we will absorb the first 2% of any negative currency fluctuation.
If we impose a surcharge of more than 10% of the cost of your travel arrangements, you may cancel your travel arrangements and receive a full refund of payments made for those arrangements. You must exercise this right within 14 days after receipt of a surcharge invoice.
Deposit
A 30% deposit per person is required within 7 days (unless otherwise stated) of us accepting your booking. Please note that we may not hold any services for you until we receive payment of your deposit, meaning that services may become unavailable or prices may increase, in which case you will be responsible for paying the increased price, and we will not be responsible if services become unavailable.
Final Payment
Payment in full must be received no less than 70 days before commencement of your trip. Note: some trips or particular arrangements may require payment earlier or in additional instalments and this will be advised with the booking confirmation.
If you fail to make payment by the due date, we will remind you. However, if you fail to make the payment within 7 days of us reminding you, then any deposit or instalment payments you have made will not be refundable. In addition to the payment, you will also be responsible for any costs imposed on us by suppliers resulting from late payment. If we do not receive payment within 7 days after the reminder, you will be deemed to have cancelled your booking.
Cancellations by You
You may cancel your booking by giving written notice to us. We will make refunds to you less cancellation fees in accordance with the table below, calculated from the date which we receive written notice:
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More than 70 days before commencement: 30% of the booking value
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70 days to 31 days before commencement: 50% of the booking value
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Within 30 days or no show: 100% of the booking value
The cancellation charges specified above represent a genuine pre-estimate of our loss and are required to protect our legitimate business interests. For group departures, a transfer of a confirmed booking to another departure date is deemed to be cancellation of the original booking.
Illness or Vaccination Status Preventing Travel
If due to any illness, suspected illness or failure to satisfy any required tests or vaccination requirements:
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an airline or other common carrier refuses you carriage;
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a hotel or vessel refuses to accommodate you; or
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we or our suppliers (acting reasonably) exclude you from the trip
and you are consequently prevented from commencing or continuing your trip, then:
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if you have already commenced your trip, we will provide you with reasonable assistance to arrange alternative travel arrangements or to continue the trip. This will be at your cost.
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if you have not commenced your trip then we regret we will not be in a position to provide such assistance.
We will not be liable to refund the cost of your trip (or any part of it) because we would have already paid (or committed to pay) suppliers and we would have already performed significant work preparing for the delivery of your trip and servicing your booking.
We will not be responsible for any other loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if you are prevented from commencing or continuing your trip in these circumstances.
We strongly encourage you to purchase travel insurance that adequately responds to cancellations and curtailments associated with illness and other unforeseen events as soon as you have paid your deposit.
We strongly encourage you to purchase travel insurance that adequately responds to cancellations and curtailments associated with illness and other unforeseen events as soon as you have paid your deposit.
Other Cancellations
In these Booking Conditions, the term Force Majeure means an event or events beyond our control and which we could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).
Force Majeure - Prior to travel
If:
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in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) consider that your travel arrangements cannot safely or lawfully proceed due to a Force Majeure event; or
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you give us notice no more than 14 days prior to commencement of your booked travel arrangements that you cannot reasonably make use of them due a Force Majeure event (for example due to border closures)
then we may:
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reschedule your travel arrangements, but only if you are agreeable to the rescheduled arrangements; or
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cancel your travel arrangements, in which case our contract with you will terminate.
If we cancel your travel arrangements, neither of us will have any claim for damages against the other for the cancelled arrangements. However, we will either:
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issue you with a credit equal to payments received by us for the cancelled travel arrangements, redeemable within 24 months of issue against any travel services offered by us; or
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refund payments attributable to the cancelled travel arrangements less: (a) unrecoverable third party costs and other expenses incurred by us for the cancelled travel arrangements; (b) overhead charges incurred by us relative to the price of the cancelled travel arrangements; and (c) fair compensation for work undertaken by us in relation to the cancelled travel arrangements until the time of cancellation and in connection with the processing of any refund.
Please note that our ability to issue you with a credit may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits and so in such circumstances we may opt to pay you a limited cash refund as outlined.
Force Majeure - During travel
If due to Force Majeure we cancel travel arrangements after your trip has commenced, we will provide you with a refund of recovered third party costs for cancelled travel arrangements only.
Force Majeure – General
Where a limited cash refund is to be paid by us, we will use reasonable endeavours to recover payments from third parties attributable to your booking, but we make no guarantee that we will be able to recover these payments either partially or at all. If after we have paid you a limited cash refund (or after we determine that no cash refund is currently payable) we recover payments from third parties attributable to your booking, then we will pass on this payment to you.
We will not be responsible for any other loss or loss you incur in connection with your booking (for example, airfares and visa expenses) if your trip or particular travel arrangements are cancelled due to an event of Force Majeure.
If we provide you with any alternative services or assistance where travel arrangements are cancelled or rescheduled due to Force Majeure, then you agree the amount to be refunded to you will be reduced by the value of these services and assistance.
You acknowledge that the terms in this section are reasonably necessary to protect our legitimate business interests. We strongly encourage you to purchase travel insurance that adequately responds to cancellation and rescheduling risks associated with Force Majeure events as soon as you have paid a deposit.
Other cancellations
If we cancel your travel arrangements for reasons other than Force Majeure, you will be offered (at your election) a refund of all funds paid, or the offer of travel arrangements of substantially equal quality if appropriate.
Amendments by You
We will endeavour to accommodate amendments and additional requests. You acknowledge that these may not be possible to fulfil, and for group departures a transfer of a booking to a different departure is deemed a cancellation. An amendment fee of $100 will be levied to cover communication and administration costs for any changes to bookings. You will also be required to pay any additional costs charged by suppliers.
Amendments by Us
Prior to travel
Occasionally, we may need to make amendments or modifications to the itinerary and its inclusions and you acknowledge our right to do this. If we become aware of a significant change to your itinerary or its inclusions that materially detracts from the value of your trip prior to the commencement of your trip (where the trip can still proceed), then we will notify you within a reasonable time.
During travel
You acknowledge that the itinerary, modes of transport, accommodation and/or the trip’s inclusions may need to change during your trip due to local circumstances beyond our reasonable control, including road conditions, poor weather, changes in transport schedules, and/or vehicle breakdowns. You agree that we have the right to pass on any costs we incur for alternative arrangements we put in place for your benefit in these circumstances.
General
To the fullest extent permitted by law, we will not be responsible for any omissions or modifications to the itinerary or the inclusions due to Force Majeure or other circumstances beyond or control happening after we have accepted your booking. This includes any loss of enjoyment or distress caused by omissions or modifications.
If you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept.
We will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary or its inclusions resulting from an event of Force Majeure.
Unused or Denied Services
No refunds will be made for any of travel arrangements not utilised, whether by choice or because of late arrival or early departure. This includes the failure of common carriers to operate according to schedule, which we disclaim responsibility for.
If you are not fully vaccinated against Covid-19 and particular suppliers refuse to provide you with travel arrangements, then you agree you will not be entitled to any refund for those arrangements. We will not be responsible to you for any loss or expenses you incur (including loss of enjoyment or the costs of alternative arrangements) if you are denied services in these circumstances.
Client Names - Exactly as per Passport
For security reasons, airlines and our overseas suppliers require names to be given exactly as stated in your passport. If you do not advise the correct information and we have to re-issue airline tickets or other documentation, then you will be responsible for any fees charged (such as airline cancellation charges or re-issue fees) in addition to our own reasonable administration fees.
Travel Insurance
It is strongly encouraged that you are adequately insured for the duration of your trip. We recommend comprehensive travel insurance to cover cancellation, medical requirements, luggage and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your deposit. This is because cancellation fees and charges are payable from that time.
Accommodation
Due to the dynamic nature of the travel industry, we may need to substitute hotels, vessels and other forms of accommodation with properties or vessels of a substantially comparable or higher standard. We will endeavour to minimise substitutions. This will not be considered as a significant change.
Passports, Visas
It is a requirement that you hold a valid passport and any required visas for your trip. It is your responsibility to ensure that you are in possession of the necessary documentation to comply with the laws and regulations of the countries to be visited. If there are any changes to your visa or you have updated your passport after booking, please let us know as soon as possible.
Vaccination
We strongly encourage you to be fully vaccinated against Covid-19 with a vaccine approved by the Therapeutic Goods Administration. This is to minimise health risks for yourself and others you come into contact with can be mitigated. If you choose to travel without being fully vaccinated, then you do so accepting the implicit risks to your health and you agree to provide us with waivers and releases as we may require.
It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the trip. Any information provided by us is given in good faith.
Health & Fitness
It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the trip of your choice. If you have doubts about your ability to undertake the trip, please contact us to discuss your circumstances prior to making a booking request.
Existing Medical Conditions
If you have a medical condition which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip, then you must advise us prior to or at the time you make your booking request.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition prior to or at the time you made your booking request, we will provide you with a full refund of payments made less an administrative fee of $250.
If you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (See ‘Cancellation By You’ section above).
New Medical Conditions
You must advise us of any new or changed medical conditions which may reasonably be expected to increase your risk of needing medical attention, or which may affect the normal conduct of the trip.
We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you will require special assistance which we cannot reasonably provide or if you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees and charges will apply (See ‘Cancellation By You’ section above).
Non-Disclosed Medical Conditions
If any non-disclosed medical conditions mean that you will require special assistance which we cannot reasonably provide, then we acting reasonably may exclude you from the trip, this will be considered a cancellation by you and cancellation fees and charges will apply (See ‘Cancellation By You’ section above).
Fitness to Travel Declaration
By booking with us, you confirm that you are able to do the following:
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Walk for a minimum of 2-3 hours daily, on uneven surfaces without the use of any walking aid at a group pace (including in hot and humid conditions).
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Regularly walk up stairs and hills.
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Stand for extended periods of time without needing to sit down, including in hot/humid climates.
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Carry your own luggage.
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Get on and off various modes of transport without assistance, including small boats.
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Drive along very bumpy, dirt and gravel roads for extended period of time.
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Manage extended periods of time at high altitude (3,000-4,000 metres).
It is also important to note there can be limited medical facilities in remote areas.
If you do not feel that you can confidently manage all of the requirements set out above, please work with our team of Travel Specialists to find an alternative that is better suited to your current level of fitness.
Travelling with a Medical Condition
At our discretion we, including the service provider, can exclude you from a tour or in any activity if we consider that you are unable to safely participate in that tour or activity or if we consider your participation may place the safety of other guests at risk.
We reserve the right to cancel your booking if any changed or non-disclosed medical conditions mean that you will require special assistance from our personnel which we cannot reasonably provide. We strongly suggest that your travel insurance policy includes comprehensive cancellation coverage.
We will not be liable for any damage, injury, death or loss of any kind arising from your failure to fully disclose relevant medical information or resulting from any pre-existing medical condition.
Dietary Requirements
Special dietary requests are required to be notified to us at the time of booking. We will endeavour to communicate your requirements to relevant suppliers. However, we cannot guarantee requests will be met by suppliers. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens.
Independent Services
We are not responsible for any additional activities or excursions which are not included in the booked itinerary or which we sell as agent for the principal operator. Any advice or recommendation given by us, a guide or local representative is made in good-faith, based on known information, and does not make us responsible for the acts or omissions of the principal operator of the excursion or activity.
Acceptance of Risk
General
You acknowledge that travel involves personal risks which may be greater than those present in your everyday life. This could be as a result of the adventurous nature of your trip or from visiting destinations which present geographical, political or cultural risks and dangers.
You should consult guidance issued by the Department of Foreign Affairs and Trade (DFAT) applicable to the destinations within your itinerary. You acknowledge that your choice to travel is made having had the benefit of DFAT guidance, and you accept any additional personal risks associated with your travel.
Responsibility
Services supplied by independent suppliers
Where a third party over whom we have no direct control (Independent Supplier) is the supplier of travel arrangements that form part of your trip, you acknowledge that our obligations to you are limited to taking reasonable steps to select a reputable Independent Supplier and arranging for them to provide those travel arrangements to you. Independent Suppliers over whom we have no direct control include but are not limited to airlines, railway and cruise operators, hoteliers, independent transport companies (i.e., vehicles not operated by us), attraction and venue operators and common carriers.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions or omissions of an Independent Supplier and not caused by our negligence. Any claims you have in this regard must be made against the Independent Supplier.
Services we directly supply
To the extent only that we are the principal supplier to you of travel arrangements or other services which we control, then we will provide those travel arrangements and services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and suppliers (where we have direct control over them) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the travel arrangements or services, or due to an event of Force Majeure.
General liability limitation
We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays outside of our control. You acknowledge that travel arrangements or services which comply with local laws and regulations will be deemed to have been properly performed, even if this would not be considered the case in Australia.
Australian Consumer Law and corresponding legislation in State jurisdictions in certain circumstances imply mandatory conditions and warranties into consumer contracts (“Consumer Warranties”). These Booking Conditions do not exclude or limit the application of the Consumer Warranties. Other than the Consumer Warranties, we disclaim all warranties.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the travel arrangements to be resupplied or payment of the cost of having them resupplied.
Image release
When on tour, we may take photographs or make recordings of you and your activities that identify you. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us at least 21 days prior to the commencement of your tour.
Authority on Tour
When joining a group tour, you undertake to conduct yourself in a manner conducive to good group dynamics. If you act in a manner that threatens the safety of others on the tour (Including but not limited to: Display any aggression or anti social behaviour, engage in any form of bully or abuse, participate in any illegal activities based on the Australian law as well as the local law) or significantly disrupts their enjoyment, the tour leader may, acting reasonably, require that you leave the tour. You will not be entitled to any refund for unused services and you will be responsible for any additional costs you incur.
Minimum Numbers
All trips and small group tours are based on a minimum number of passengers travelling. If a trip or small group tour fails to satisfy minimum numbers, the tour may be cancelled or re-costed. If the trip is re-costed, you will have the option to either accept the new cost or to cancel your booking. You must make this election within 14 days of receiving notice from us. If the trip is cancelled or if you cancel your booking in these circumstances, we will at your election refund all payments made or credit payments towards alternative arrangements. We will not be responsible for any other travel arrangements affected by, or any additional costs incurred, as a result of cancellation in these circumstances.
Complaints
In the event of a problem with any aspect of your travel arrangements you must tell us or make our representative or our local supplier aware of such problems immediately.
We will only consider and be responsible for claims made against us where we or our suppliers have had the opportunity to put things right on the ground. If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, then you must make any claim in writing within 30 days from the end of your travel arrangements.
Deemed Acceptance
If you place a booking on behalf of another party, you represent and promise us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur if this is not the case.
General
The contract between PVH Travel Pty Ltd trading as Mystical Asia Tours and you is governed by the laws of the State of New South Wales. Any disputes shall be dealt with by a court with the appropriate jurisdiction in New South Wales.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles, and our Privacy Policy, which is published in link below:
www.mysticalasia.com.au/privacy-policy
Travel Safety
For the most up to date and authoritative advice, please visit www.smartraveller.gov.au